Federal Appeal


Pensions

Federal and provincial pension plans

Federal pension plans

Federal Court of Appeal powers limited to examining whether evidence considered in defensible way against proper legal test

Claimant was denied Canada Pension Plan disability benefits by General Division of Social Security Tribunal of Canada. Basis of claim was inability to work due to anxiety and depression arising from homophobic discrimination in various workplaces. Application for leave to appeal was refused under s. 58 of Department of Employment and Social Development Act and application for judicial review to Federal Court also dismissed. Claimant appealed. Appeal dismissed. Key to General Division’s decision was doctor’s determination he was fit to return to employment just before minimum qualifying period, relevant time for assessing eligibility for disability benefits. Powers of Federal Court of Appeal limited to examining whether evidence was considered in defensible way against proper legal test. On appeal, court not allowed to reweigh evidence.

Euverman v. Canada (Attorney General) (2018), 2018 CarswellNat 5183, 2018 CarswellNat 6278, 2018 FCA 164, 2018 CAF 164, Nadon J.A., David Stratas J.A., and Boivin J.A. (F.C.A.); affirmed (2017), 2017 CarswellNat 6630, 2017 CarswellNat 6929, 2017 FC 1054, 2017 CF 1054, Michael D. Manson J. (F.C.).

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